Chapter 12.35
TELECOMMUNICATIONS LICENSE
Sections:
12.35.020 License application.
12.35.030 Determination by the county.
12.35.050 Nonexclusive license.
12.35.090 Construction permits.
12.35.100 Service to county users.
12.35.110 Amendment of license.
12.35.120 Renewal applications.
12.35.130 Renewal determinations.
12.35.140 Obligation to cure as a condition of renewal.
12.35.010 License.
To the extent permitted by law, a license shall be required of any telecommunications carrier who currently occupies or desires in the future to occupy any rights-of-way with any telecommunications facilities for the purpose of providing telecommunications services exclusively to persons or areas outside the county. [Ord. 1171, 2000]
12.35.020 License application.
Any person that desires a license hereunder shall file an application on a form provided by the director. [Ord. 1171, 2000]
12.35.030 Determination by the county.
Within ninety days after receiving a complete application hereunder, the board shall make a determination on behalf of the county granting or denying the application in whole or in part. If the application is denied, the determination shall include the reasons for denial. The following criteria shall apply when determining whether to grant or deny the application:
(1) The financial and technical ability of the applicant to fulfill its obligations under a license;
(2) The legal status of the applicant;
(3) The capacity of the rights-of-way to accommodate the applicant’s facilities;
(4) The capacity of the rights-of-way to accommodate additional telecommunications facilities and cable facilities if the application is granted;
(5) The damage or disruption, if any, to public or private facilities, improvements, services, travel or landscaping if the application is granted, giving consideration to an applicant’s willingness and ability to mitigate and/or repair same;
(6) The public interest in minimizing the cost and disruption of construction within the rights-of-way;
(7) The service that applicant will provide to the region;
(8) The effect, if any, on general public health, safety and welfare in the county’s sole opinion if the application is granted;
(9) The availability of alternate routes or locations for the proposed facilities;
(10) Applicable federal, state and local laws, regulations, rules and policies;
(11) Such other factors as may demonstrate that the grant to use the rights-of-way will serve the community interest. [Ord. 1171, 2000]
12.35.040 Agreement.
No license granted hereunder shall be effective until the applicant and the board have executed a written agreement setting forth the particular items and provisions under which the license to occupy and use rights-of-way will be granted. All licenses granted pursuant to Chs. 12.25 through 12.50 LCC shall contain substantially similar terms which, taken as a whole and considering relevant characteristics of applicants, do not provide more or less favorable terms and conditions than those required of other licensees. [Ord. 1171, 2000]
12.35.050 Nonexclusive license.
No license granted hereunder shall confer any exclusive right, privilege or license to occupy or use the rights-of-way for delivery of telecommunications services or any other purposes. [Ord. 1171, 2000]
12.35.060 Use granted.
(1) No license granted hereunder shall convey any right, title or interest in rights-of-way but shall be deemed a license only to use and occupy the rights-of-way for the limited purposes and term stated in the grant.
(2) No license granted hereunder shall authorize or excuse a licensee from securing such further easements, leases, permits or other approvals as may be required to lawfully occupy and use rights-of-way.
(3) No license granted hereunder shall be construed as any warranty of title. [Ord. 1171, 2000]
12.35.070 Term of license.
Unless otherwise specified in a license agreement, a license granted hereunder shall be in effect for a term of not more than five years. [Ord. 1171, 2000]
12.35.080 License route.
A license granted hereunder shall be limited to a grant of specific rights-of-way and defined portions thereof, as may be indicated in the license agreement. [Ord. 1171, 2000]
12.35.090 Construction permits.
All licensees are required to obtain construction permits and pay all fees as required by the county; provided, however, that nothing in Chs. 12.25 through 12.50 LCC shall prohibit the county and a licensee from agreeing to alternative plan review, permit and construction procedures in a license agreement, and further provided that such alternative procedures provide substantially equivalent safeguards for reasonable construction practices. [Ord. 1171, 2000]
12.35.100 Service to county users.
A licensee may be permitted to offer or provide telecommunications services or cable services to persons or areas within the county upon submitting an application for franchise approval and upon obtaining a franchise pursuant to Chs. 12.25 through 12.50 LCC, or Ch. 5.10 LCC. [Ord. 1171, 2000]
12.35.110 Amendment of license.
(1) The licensee shall apply for an amendment to an existing license when it desires to extend or locate its telecommunications facilities in rights-of-way which are not included in a license previously granted hereunder or when it provides services beyond those authorized in the license.
(2) The county shall grant a license amendment without further application, if the county orders a telecommunications carrier to locate or relocate its telecommunications facilities in rights-of-way not included in a previously granted license. [Ord. 1171, 2000]
12.35.120 Renewal applications.
A licensee that desires to renew its license hereunder shall, not more than one hundred eighty days nor less than ninety days before expiration of the current license, file an application with the county for renewal of its license which shall include the following information:
(1) The applicable information required pursuant to the license application;
(2) Any other information required by the county. [Ord. 1171, 2000]
12.35.130 Renewal determinations.
Within ninety days after receiving a complete application hereunder, the board shall make a determination on behalf of the county granting or denying the renewal application in whole or in part. If the renewal application is denied, the termination shall include the reasons for nonrenewal. The criteria enumerated in Section 12.35.030 shall apply when determining whether to grant or deny the application, and may further consider the applicant’s compliance with the requirements of Chs. 12.25 through 12.50 LCC and the license agreement. [Ord. 1171, 2000]
12.35.140 Obligation to cure as a condition of renewal.
No license shall be renewed until any ongoing violations or defaults in the licensee’s performance of the license agreement, of the requirements of Chs. 12.25 through 12.50 LCC, and all applicable laws, statutes, codes, ordinances, rules and regulations have been cured, or a plan detailing the corrective action to be taken by the licensee has been approved by the director. Failure to comply with the terms of an approved plan shall be grounds for nonrenewal or revocation of the license. [Ord. 1171, 2000]